[HISTORY: Adopted by the Town Council of
the Town of West Hartford as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 168.
[Adopted 6-12-1973; amended in its entirety 5-24-1988]
[Amended 2-11-2008]
A.
No person shall ride a bicycle (including any forward
movement of the bicycle, whether one foot or two feet are on the pedals),
a skateboard or roller skates/roller blades on any sidewalk as hereinafter
defined:
|
Name of Street
|
Side
|
Location
| |
|---|---|---|---|
|
Burr Street
|
North
| ||
|
Ellsworth Road
|
North
|
From South Main Street to LaSalle Road
| |
|
Farmington Avenue
|
North/ South
|
From Walden Street easterly to Raymond Road
| |
|
LaSalle Road
|
East/West
|
From Ellsworth Road northerly to Farmington
Avenue
| |
|
Memorial Drive
|
North/ South
| ||
|
North and South Main Street
|
East
|
From Loomis Drive (south entrance) southerly
to Burr Street
| |
|
North and South Main Street
|
West
|
From Loomis Drive (south entrance) southerly
to Ellsworth Road
|
B.
No person shall ride a skateboard or use roller skates
or roller blades anywhere on the municipal property, including the
parking lots, known as the "Town Hall," Town Hall Common; the "West
Hartford Public Library," 20 South Main Street, including the adjoining
municipal property known as "Webster Walk" and "Blue Back Square";
and the "Police/Court facility," 103 Raymond Road.
The proper Town authorities are authorized to
erect signs so prohibiting bicycles, skateboards and roller skates/roller
blades from being ridden in said business area and in the municipal
complex.
Any person who violates this chapter shall be
fined not more than $50 for each offense.
For the purpose of this chapter, certain words
and terms shall be defined as follows:
A vehicle propelled by the person riding the same by foot
or hand power or by a helper motor having capacity of less than 50
cubic centimeters' piston displacement and rated not more than two
brake horsepower and capable of a maximum speed of not more than 30
miles per hour and equipped with automatic transmission and operable
pedals.
Any recreational device consisting of a set of two wheeled
platforms, whether or not permanently affixed to a pair of shoes or
boots, and regardless of the configuration of the wheels thereon,
designed to be worn on the user's feet and used to propel the user
in a manner similar to ice skates.
Any wheeled device consisting of a platform or seat of metal,
wood, plastic or any other material designed for recreational purposes
to carry its user in an erect, kneeling, sitting or prone position
in a manner similar to that of a true surfboard, whether propelled
solely by the physical efforts of its user or users or by the use
of a small motor. The term "skateboard" shall not be construed to
include a wheelchair or any similar device used to provide transportation
for any disabled person.
[Adopted 2-11-2008]
[Amended 8-18-2015]
For purposes of this article, a "pedal cab"
is defined as a multiwheeled vehicle propelled by human power, capable
of transporting passengers other than the operator thereof and which
is made available to the public for hire as a mode of transportation,
whether at set, negotiable or voluntary rates. A pedal cab shall be
deemed to be a type of bicycle for purposes of this chapter and for
purposes of the application of Connecticut laws applicable to the
use of bicycles on public highways.
A.
No person shall utilize any portion of any public
street or highway for the operation of a pedal cab unless said person
is licensed to do so in accord with the requirements of this article.
B.
No pedal cab shall be operated on any portion of any
public street or highway unless said pedal cab is registered in accord
with the requirements of this article.
A.
Application.
(1)
Application for a license to drive a pedal cab or
for renewal thereof shall be made to the Chief of Police upon a form
furnished by the Chief and shall contain information set out in this
article under oath. Licenses shall only be issued to individuals and
shall not be issued to partnerships, corporations, limited liability
companies or other similar legal entities. Information to be contained
on said application (or provided therewith) shall include:
(a)
Name.
(b)
Residence address and business address.
(c)
Date and place of birth.
(d)
Motor vehicle driver's license information (if any),
including any restrictions placed upon the applicant's operation of
a motor vehicle.
(e)
A complete set of fingerprints.
(f)
Whether the driver has ever been convicted of any
felony or a misdemeanor and, if so, the details thereof.
(g)
Whether the driver has ever been denied any form of
driver's license or has had any driver's license suspended or revoked.
(h)
Proof of workers' compensation insurance coverage
in accord with Connecticut law (if applicable); proof of liability
insurance in such types and such amounts as approved by the Town Manager,
including, where deemed appropriate by the Town Manager, provision
that the Town of West Hartford be named as an additional insured on
the relevant policy or policies of insurance.
(i)
The name of the owner(s) of the pedal cab(s) to be
operated by the driver.
(j)
Such additional detailed information as may, in the
opinion of the Chief of Police, be necessary to evaluate the fitness
of the applicant to be granted a pedal cab driver's license.
(2)
The application form shall also require the driver
to state, under oath, that he has read the ordinances set forth in
this article; that he understands those ordinances; and that he agrees
to abide by them at all times.
B.
Should any of the above-referenced information provided
by the licensee become inaccurate or outdated, the licensee shall
promptly provide correct and accurate information to the Chief of
Police in the form of an amended application. No license fee shall
be charged for such an amended application.
C.
License fee. The license fee for each license to drive
a pedal cab shall be $25 annually.
D.
License renewable, not transferable. A driver's license
shall be valid for not more than one year. A driver's license may
not be sold, assigned or otherwise transferred.
E.
License to be posted. The driver's license shall state
that complaints about the licensee may be made to the Chief of Police.
The license shall be posted in any pedal cab while it is being operated
by the licensee in a place where it is clearly visible to the passengers
being carried therein.
A.
Application.
(1)
Application for a pedal cab registration or for renewal
thereof shall be made by the owner of the pedal cab to the Chief of
Police upon a form furnished by the Chief and shall contain information
set out in this article under oath. Information to be contained on
said application (or provided therewith) shall include:
(a)
Name of the owner of the pedal cab.
(b)
Business address.
(c)
(d)
Whether the owner has ever been convicted of any felony
or a misdemeanor and, if so, the details thereof.
(e)
A serial number, vehicle identification number or
similar individual identification number permanently affixed to and
by which the registered pedal cab may be identified.
(f)
Proof of insurance in such types and such amounts
as approved by the Town Manager from time to time, including, without
limitation, liability insurance and, if applicable, workers' compensation
insurance for any employees of the owner and further including, where
deemed appropriate by the Town Manager, provision that the Town of
West Hartford be named as an additional insured on the relevant policy
or policies of insurance. In addition, the owner shall indemnify and
hold harmless the Town of West Hartford from any liability associated
with the operation of the licensed pedal cab.
(g)
A cash or surety bond or other form of security in
the amount of $200 to ensure compliance with the provisions of this
article and to ensure prompt surrender of the pedal cab registration
in the event that it is no longer in active use. A single bond or
other form of security may be tendered to cover more than one registration
issued to the same owner provided that the amount thereof shall, at
all times, be maintained in an amount equal to $200 multiplied by
the number of pedal cab registrations issued to the same owner.
(h)
The fare schedule itemizing all charges which the
owner and/or driver shall charge to passengers for transporting them.
(i)
Such additional detailed information as may, in the
opinion of the Chief of Police, be necessary to evaluate the fitness
of the applicant or the pedal cab vehicle to be granted a pedal cab
registration.
(2)
The application form shall also require the signatory
for the applicant to state, under oath, that he has read the ordinances
set forth in this article; that he understands those ordinances; and
that the applicant agrees to abide by them at all times.
B.
Registration fee. The fee for each pedal cab registration
shall be $50 annually.
C.
Should any of the above-referenced information provided
by the owner become inaccurate or outdated, the owner shall promptly
provide correct and accurate information to the Chief of Police in
the form of an amended application. No registration fee shall be charged
for such an amended application.
D.
Registration renewable, not transferable. A pedal
cab registration shall be valid for not more than one year. A pedal
cab registration shall be assigned to each individual pedal cab and
may not be sold, assigned or otherwise transferred. Each pedal cab
shall be inspected for compliance with the requirements of this article
at the time of initial registration and annually thereafter at the
time of registration renewal.
E.
Registration to be posted. The pedal cab registration
shall state that complaints about the pedal cab may be made to the
Chief of Police. The registration shall be posted in the pedal cab
at all times in a place where it is clearly visible to the passengers
being carried therein.
No more than 10 pedal cab registrations shall be issued and outstanding at any time. Applications for pedal cab registrations shall be processed in the order in which they are received. For purposes of submitting an application for a pedal cab registration, an applicant may temporarily satisfy the requirements of § 53-8A(1)(e) for up to 60 days by providing proof that a pedal cab has been ordered from the dealer or manufacturer thereof; provided, however, that no registration shall be delivered to an applicant until full compliance with § 53-8 has been achieved and further provided that the application fee shall not be refunded if the applicant fails to fully satisfy the requirements of § 53-8.
Pedal cabs shall be operated in accord with
the laws of the State of Connecticut applicable to the use of bicycles
on the public highways at all times, including, without limitation,
the following requirements:
A.
Pedal cabs shall be equipped with the safety equipment
described in C.G.S. § 14-288 at all times. In addition,
pedal cabs shall:
(1)
Display a battery- or generator-operated lighted lamp
or lamps upon the rear part of such bicycle at all times when lamps
are required to be lit pursuant to C.G.S. § 14-96a. Such
lamp or lamps shall, when lighted, emit a red light which in clear
weather shall be visible at a distance of not less than 500 feet in
the direction from which such pedal cab is proceeding.
(2)
Be equipped with battery- or generator-operated turn
signal lamps. Such lamps shall, when lighted, emit a flashing yellow
light which in clear weather shall be visible at a distance of not
less than 500 feet, both in the direction to and from which such pedal
cab is proceeding.
(3)
Be equipped with a pedal-power delivery system of
chains and gears (or the equivalent thereof) sufficient to permit
the pedal cab to accelerate from a standing position at a rate which
will not unduly impede the flow of traffic.
(4)
Be equipped with a hydraulic or mechanical disc brake
system which will permit the pedal cab to stop safely in an emergency
situation without affecting the stability of the vehicle.
(5)
Be equipped with spoke reflectors placed upon each
wheel and reflective tape marking the side edges of the pedal cab
at both front and rear.
(6)
Be equipped with at least one sideview or rearview
mirror designed to allow the driver to observe traffic to the rear
of the pedal cab.
B.
Pedal cabs shall be operated in the manner described
in C.G.S. §§ 14-286a and 14-288 at all times. In addition:
(1)
Turn signals shall be given by the use of the turn
signal lamps required pursuant to this section.
(2)
Pedal cabs shall pick up and discharge passengers
as close to the curbline of the street as possible.
(3)
Pedal cabs shall be operated in a manner which does
not impede or block the normal or reasonable movement of vehicular
or pedestrian traffic, except where necessary to comply with applicable
provisions of law.
(4)
Passengers shall be required to remain seated at all
times while the pedal cab is in motion.
(5)
Not more than three passengers shall be permitted
in a pedal cab at any time.
(6)
Pedal cabs shall be liable to pay for metered on-street
or off-street parking operated by the Town of West Hartford in the
same manner as is applicable to any motor vehicle utilizing such a
metered parking space.
(7)
Drivers of pedal cabs who also have a motor vehicle
driver's license shall comply with any restrictions set forth on said
license at all times while driving a pedal cab.
(8)
A clearly legible copy of the fare schedule shall
be posted in the pedal cab at all times in a place where it is clearly
visible to the passengers being carried therein.
(9)
Pedal cabs shall not be operated while the driver
is under the influence of alcohol or controlled substances other than
medication prescribed for the driver by a physician which does not
adversely affect the ability of the pedal cab driver to operate the
pedal cab.
A.
The Police Chief shall also have the power to deny
or revoke any registration or license issued hereunder for cause after
due notice in writing to the applicant/owner/licensee and after affording
the applicant/owner/licensee the opportunity to be heard thereupon.
Cause shall be deemed to include, but not be limited to, conviction
of any felony or a misdemeanor occurring subsequent to the granting
of the license or registration, false information knowingly given
in the application for a license or registration, physical or mental
impairment which jeopardizes the safety of passengers or other members
of the public, failure to maintain complete and accurate license or
registration information on file, or for any violation of the provisions
of this chapter. In addition, a pedal cab registration shall be revoked
for any pedal cab which, in the determination of the Police Chief,
is not in active service. This authority shall be in addition to any
other means of enforcement of Town ordinances.
B.
In addition to the denial/revocation procedure authorized pursuant to Subsection A of this section, the Police Chief may also suspend any registration or license immediately and for a period not to exceed five days if he determines that the interests of public safety so require. In any such case, the owner/licensee shall be afforded the opportunity to be heard within 72 hours following such suspension.
The penalty for violation of the provisions of this article shall be in accordance with § 1-8 of the West Hartford Code of Ordinances.
